The analysis of the possibility of application the fundamental rights in the
juridical privates relationships is the main theme of this essay. It also treats about
the process of Constitutionalization of the private law, taking in account that the
strengthening of the Constitution provided a reestructuration of fundamental rights
before the juridical system. It also analyses important aspects of fundamental
rights, as the universal character that is inherent to them. It studies relevant
dogmatic arguments as the normative strength of the Constitution, the immediate
applicability of the fundamental rights clause and the proper characteristics of the
jusfundamental norms that strengthen the acceptation of the thesis that the
fundamental rights link straightly also private person. It is also about the private
autonomy and its constitutional protection, in order to prove that fundamental rights
are not absolute in case of conflict, for the private autonomy is also benefited by
the constitutional protection. It treats about the collision of fundamental rights as a
collision problem between principles to, then, sustain the argument that, in such
cases, the solution occurs through the utilization of the hermeneutic method of
ponderation. Hence, it is sustained that ponderation can be controlled, searching
for a result that does not affect the principle of proportionality. At last, it is made an
analysis of some practical cases judged by the Supremo Tribunal Federal , that
treat about collisions between fundamental rights in relationships privates to, from
theses analyses, conclude all the reasoning constructed along the work, that the
immediate application of the fundamental rights in private relations is the best
option among the presented theories.